Davidson v. King

STONE, Presiding Judge.

In this intersectional collision case, plaintiff had a nine-man jury verdict for $2,700; but, upon defendant’s after-trial motion, the-'court set aside the judgment for plaintiff and entered judgment for defendant. On this appeal by plaintiff, the sole issue is whether plaintiff made a prima facie case on the only negligence submitted to the jury, i. e., defendant’s alleged negligence under the humanitarian doctrine in failing to stop and to swerve. This opinion is written after rehearing granted upon defendant’s motion.

The accident occurred about 9:30 A.Mon May 29,…